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(영문) 의정부지방법원 2017.05.31 2016구단5653
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff Company is an enterprise that has obtained a construction waste interim disposal business license with its location in Dongbcheon-ro 339-17 (Awarding Dong-dong).

B. The Commissioner General of the Korean National Police Agency: (a) the Defendant on April 26, 2016; and (b) the Plaintiff from April 5, 2014;

5. Until April 14, 200, the Defendant notified the Plaintiff of the violation that construction waste was re-entrusted by Daeungco Co., Ltd., and on May 19, 2016, the Defendant imposed a penalty surcharge of KRW 20,000,000 on the Plaintiff pursuant to Article 23(2) of the Act on the Promotion, etc. of the Recycling of Construction Wastes.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 6 and 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion committed the above violation inevitably because it was unable to refuse the request of Hungco Co., Ltd. with a usual friendship, and the quantity re-entrusted is merely eight dump truck and thus its illegality is minor; compared to the fact that other companies exposed to the National Police Agency are subject to a penalty surcharge of less than 20 million won even though the quantity of re-entrustment is higher than the quantity of re-entrustment, it is against equity and the plaintiff is subject to a penalty surcharge of less than 20 million won; if the plaintiff is subject to a penalty surcharge of not less than 20 million won, the qualification for bid of government-funded construction is restricted and it is practically impossible to make a stock price due to the restriction on the qualification for bid of government-funded construction. The disposition of this case

(b) as shown in the attached Form of the relevant statutes;

C. The purpose of the Act on the Promotion of Construction Wastes Recycling, which intends to manage construction waste in an environmentally friendly manner, facilitate the recycling of construction waste, facilitates the efficient use of national resources, and contribute to the development of the national economy and the promotion of public welfare, stipulate the matters to be observed by construction waste disposal business operators for this purpose, and the purport of the above Act imposing strict sanctions if any, and

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